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PETITIONER: HARI VISHNU KAMATH
Vs.
RESPONDENT: SYED AHMAD ISHAQUE AND OTHERS.
DATE OF JUDGMENT: 09/12/1954
BENCH: AIYYAR, T.L. VENKATARAMA BENCH: AIYYAR, T.L. VENKATARAMA BHAGWATI, NATWARLAL H. JAGANNADHADAS, B. MAHAJAN, MEHAR CHAND (CJ) MUKHERJEA, B.K. DAS, SUDHI RANJAN BOSE, VIVIAN
CITATION: 1955 AIR 233 1955 SCR (1)1104
ACT: Constitution of India, Art. 226-Powers of High Court there- under-Writ of certiorari against Election Tribunals after they become functus officio-Certiorari against Record- Distinction between writ of prohibition and writ of certiorari-Art. 227 of the Constitution-Superintendence of High Court over Election Tribunals-Superintendence-Judicial as well as administrative-Certiorari-Scope and character of -Representation of the People (Conduct of Elections and Election Petitions) Rules, 1951-Rule 47(1)(c)-Whether mandatory or directory-Error manifest on the fa1e of record- Interference by certiorari.
HEADNOTE: Article 226 of the Constitution confers on High Courts power to issue appropriate writs to any person or authority within their territorial jurisdiction, in terms absolute and unqualified, and Election Tribunals functioning within the territorial jurisdiction of the High Courts would fall within the sweep of that power. The power of the High Court under Art. 226 to issue writ of certiorari against decisions of Elec...